New Jersey Administrative Code
Title 13 - LAW AND PUBLIC SAFETY
Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS
Subchapter 31 - PRIVATE PROPERTY AND NON-CONSENSUAL TOWING COMPANIES
Section 13:45A-31.6 - Towing motor vehicles from private property
Universal Citation: NJ Admin Code 13:45A-31.6
Current through Register Vol. 56, No. 18, September 16, 2024
(a) A private property towing company shall not remove a motor vehicle from private property without the consent of the owner or operator of the motor vehicle, unless:
1. The private property towing
company has entered into a written contract with the owner of the private
property to provide private property towing services;
2. The owner of the private property has
posted a sign, in a conspicuous place at each vehicular entrance, at least 36
inches high and 36 inches wide stating:
i.
The purposes for which parking is authorized and the times during which such
parking is permitted;
ii. That
unauthorized parking is prohibited and unauthorized motor vehicles will be
towed at the owner's expense;
iii.
The name, address and telephone number of the private property towing company
that will perform the private property towing;
iv. The charges for the private property
towing and storage of towed motor vehicles;
v. The street address of the storage facility
where towed motor vehicles can be redeemed after payment of the posted charges
and the times during which a motor vehicle may be redeemed; and
vi. That a person may contact the Division of
Consumer Affairs by calling 1-800-242-5846;
3. The property owner has authorized the
private property towing company to remove the motor vehicle; and
4. The private property towing company tows
the motor vehicle to a secure storage facility having the capacity to receive
it that is nearest to the site from which the motor vehicle is towed.
(b) The provisions of (a) above shall not apply if:
1. A motor vehicle is
parked on a lot or parcel on which is situated a single-family unit;
2. A motor vehicle is parked on a lot or
parcel on which is situated an owner-occupied multi-unit structure of not more
than six units;
3. A motor vehicle
is parked in front of any driveway or garage entrance where the motor vehicle
is blocking access to that driveway or entrance; or
4. A tow is authorized by a law enforcement
officer in the performance of the officer's duties and is appropriate to
protect public safety.
(c) The provisions of (a)2 above shall not apply if the private property from which the motor vehicle is to be towed is a residential community in which parking spaces are assigned to community residents and:
1. The assigned spaces are
clearly marked as such;
2. There is
documented approval from the private property owner authorizing the removal of
the motor vehicle; and
3. A sign is
posted in a conspicuous place at all vehicular entrances that:
i. States that unauthorized parking in an
assigned space is prohibited;
ii.
States that unauthorized vehicles will be towed at the owner's expense;
and
iii. Includes information, or a
telephone number, enabling the motor vehicle owner or operator to obtain
information as to the location of the towed motor vehicle.
(d) The exemption in (c) above shall not apply to a private parking lot or parcel owned or assigned to a commercial or other nonresidential entity located in the residential community.
Disclaimer: These regulations may not be the most recent version. New Jersey may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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